WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION ORDINANCE N

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1 WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION ORDINANCE N AN ORDINANCE OF SOUTH DAYTONA, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK.LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C , F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C-2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with Sections 3 and 5, subject to the exceptions set forth in Section 4; and WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C (2)(a}, F.A.C.; and WHEREAS, it is the desire of the City Council of the City of South Daytona to adopt such an ordinance in accordance with 40C-2.042(2)(a) and (b), F.A.C.; and WHEREAS, the City Council of the City of South Daytona, hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community.

2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH DAYTONA, VOLUSIA COUNTY, FLORIDA, THAT: Article 3, Section 7.8, Consolidated Land Development Regulations, are hereby created to read: WATER CONSERVATION FOR LANDSCAPE IRRIGATION SECTION 1. - INTENT AND PURPOSE It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation. SECTION 2 - DEFINITIONS For the purpose of this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z. (b) (c) "District" means the St. Johns River Water Management District. "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. ( d) "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fuirways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. (e) (f) "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. SECTION 3 - LANDSCAPE IRRIGATION SCHEDULES 1. When Daylight Savings Time is in effect, landscape irrigation shall occur only m

3 accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and c. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 am. and 4:00 p.m.; and d. No more than % inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 am. and 4:00 p.m.; and c. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than % inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 3. All landscape irrigation shall be limited in amount to only what is necessary to meet landscape needs. SECTION 4 - EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: 1. Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed ~ inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

4 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water-to-air air-conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. SECTION 5 -ADDITIONAL REQUIREMENT Any person who purchases and installs an automatic landscape irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture. SECTION 6. - VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. SECTION 7. - APPLICATION OF ORDINANCE The provisions of this Ordinance shall apply to each person located within the City of South Daytona. SECTION 8 - ENFORCEMENT OFFICIALS Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the City Manager may also delegate enforcement responsibility for this ordinance to agencies and the City.

5 SECTION 9 - PENAL TIES Violation of any provision of this Ordinance shall be subject to the following penalties: First violation Second violation Subsequent violations Written Warning $50.00 Fine not to exceed $500 Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the City of South Daytona may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Article. SECTION 10 - Repealer. All ordinances made in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 11 - Severability. If any section, subsection, sentence, clause, phrase, or portion of tills Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. SECTION 12 - Effective date. This Ordinance shall become effective immediately upon the adoption by the City Council of a Comprehensive Plan Amendment Ordinance reflecting the changes created by this Ordinance. PASSED upon first reading at a regular meeting of the City Council of the City of South Daytona held in the City of South Daytona, Florida, on the 11 day of Oc tober, PASSED upon second and final reading at a regular meeting of the City Council of the City of South Daytona held m the City of South Daytona, Florida, on the a day of November, SIGNED: ATTEST: GEORGE F. LOCKE Ill, Mayor JOSEPH W. YARBROUGH City Manager APPROVED AS TO FORM: ~ ' SCOTT E. SIMP~ City Attorney

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